B.A. MASODKAR, J.:---These four appellants question their convictions under section 302, 326 and 506 of the Indian Penal Code as far as accused No. 1 Nabi is concerned, with the aid of section 34 under sections 302 and 326 and section 506 of the Indian Penal Code as far as accused No. 2 Imtiaz is concerned and further with the aid of section 109 for the offences under sections 302 and 326 of the Indian Penal Code as far as accused No. 3 Nanhe and accused No. 4 Mohomed are concerned.

2. The additional Sessions Judge, Bombay, who tried these accused, recorded these convictions arising out of the prosecution case that during the night between November 12 and November 13, 1973, these four accused were involved in an incident that took place in Tosa Bakery situated in Vijaywadi Lane, Girgaum, Bombay. At Exhibit 4 is the map that delineates the locale of the place of the occurrence. The prosecution alleged that one Nissar Ahmed (P.W. 4) was working as a mistry, while Sorab Irani (P.W. 5) was doing supervisory work in Tosa Bakery. Accused Nos. 2 and 3 were working in a nearby bakery called Orient Bakery, while accused Nos. 1 and 4 were on visiting terms with them. It was suggested